§ 46-49. Conditions declared nuisances; enumeration.

The following conditions may be declared to be nuisances:

(1)

Stagnant water on a premises;

(2)

Any dead or decaying matter, weeds, vegetation or any fruit, vegetable, animal or rodent, upon a premises which is odorous or capable of causing disease or annoyance to the inhabitants of the city;

(3)

Any garbage or other waste liable to give off a foul odor or attract vermin or any other refuse of any kind, except temporarily in covered garbage cans;

(4)

Junk being allowed to become scattered or blown off any premises;

(5)

Combustible material of any kind not necessary or beneficial to the premises, or any other conditions which constitute a fire hazard;

(6)

The generation of smoke or fumes in sufficient amount to cause odor or annoyance to the inhabitants of the city;

(7)

Burning of junk or debris other than tree limbs and leaves pursuant to a burn permit;

(8)

The pollution of public water or the injection of matter into the sewage system which would be damaging thereto;

(9)

Maintaining a dangerous or diseased animal or fowl;

(10)

Storage of junk: tractors, equipment, farm implements, trailers, motorcycles, barbecue grills, and other debris;

(11)

Dumping of fuel or oil;

(12)

Storage of fuel or oil other than in approved closed containers;

(13)

Sand blasting and any other unreasonably loud mechanical work in a residential area;

(14)

Unreasonably loud automotive, truck, lawnmower, chainsaw, motorcycle or other exhaust noise;

(15)

Obstruction of a public street, highway, sidewalk, or path of travel regularly used by the public, without a permit;

(16)

Loud or unusual noises which are detrimental or annoying to the public including, without limitation, unusual loud disturbances in or around churches or single- family or multiple-family areas such as loud music and other loud activities;

(17)

All listing, unsafe, rotten, deteriorated or otherwise unstable walls, trees and buildings that may endanger persons or property;

(18)

Any business or building where illegal activities are habitually and commonly conducted in such a manner as to reasonably suggest that the owner or operator of the business or building was aware of the illegal activities and failed to reasonably attempt to prevent those activities;

(19)

Exterior storage of iceboxes, refrigerators, washing machines, dryers, stoves;

(20)

Exterior storage of mattresses, box springs, furniture or other items which would attract or could provide a home for rodents, insects, animals and other pests;

(21)

Toilets or sanitary facilities, plumbing or sewers in bad repair;

(22)

Conditions conducive to the breeding of flies, mosquitoes or other insects;

(23)

Conditions conducive to a harboring of colonies of bats, such as bat-accessible attics;

(24)

Any animal that excessively and continuously makes disturbing noises, defined as ongoing howling, barking or crying or causing unreasonable annoyance continuously for a period of one-half hour or more;

(25)

Any trees, shrubbery or other plants or parts thereof, which obstruct clear, safe vision on roadways and intersections of the city; and

(26)

Any other continuous or regularly repetitious acts or conditions constituting a nuisance under state law, namely, anything that causes hurt, inconvenience, or damage to another or which tends to annoy the community, injure the health of the citizens in general, or corrupt the public morals.

Any person or entity found guilty of violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not exceeding $1,000.00, or be imprisoned in jail for a period not exceeding 30 days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense. Notwithstanding the foregoing, the violation of this section shall be deemed, and is declared to be, a public nuisance, and may be subject to abatement summarily by a restraining order or a temporary or permanent injunction issued by a court of competent jurisdiction. Nothing in this section shall be construed as an election of remedies and it is hereby provided that the city may seek both the criminal penalties and the injunctive relief contemplated by this section for any violation of the provisions of this section.

(Amend. of 3-11-2008, § 1)